Neighbors taking out our fence - tomorrow

HelenRachel

The boundary that we have with our neighbor has a hedge on their side (wild overgrown and is to be taken out) and a old six foot paneled fence on our side. It is our boundary to maintain. Our neighbor is doing work on his house and is taking out the hedge and is going to tarmac his drive (his front backs onto our back garden). Not a problem with any of this. Our neighbor says that the fence will come down with the hedge as the hedge is so old and we will have to put up a new fence. Now the fence is old and does need replacing and we have discussed getting it replaced with him and he is a builder and said he will give us a quote for the work. I've not had this quote yet.

Today he knocked on the door and said the bushes AND fence are coming down tomorrow and he'll stack the fence panels up by our house. I said that I understand that *some* of the fence may be collateral damage when the bushes come out BUT to try not to take it down as we haven't even started to think about replacing it. He said not to worry as he'll let us have that quote etc. I let him know that we were looking into cheaper alternatives (i.e. another paneled fence as it is now) as he wants to replace with a more expensive fence. He said he was tarmacking the end of next week (using spare stuff from another job) so we'll need to get the fence done before then or we'll loose part of our garden as he'll tarmac up to the boundary and we wont want to disturb the tarmac after its been laid. We go on holiday on Monday and DH is working away till then. I've got a 20 month old and work deadline so cant get it all sorted at such short notice. Also I'm really worried that my garden will be destroyed (expensive plants in boarders - beautiful 20 year old roses and climbing honeysuckle and Jasmin, Tulips, alums coming up etc) by taking out the fence etc and that we're going to loose part of our garden.

What do I do/say to him to get him to understand what my expectations are with out causing a fall out with them. Also neighbors brother had just moved in next to us so don't want to upset them all! I was thinking of writing him a letter making my expectations clear that they can only remove said fence if there is no possible alternative and not to tarmac all the way to the boundary (so we can get new fence in) and to make it clear that excessive damage to plants and our property needs to be made right by them. Can I say that or is it just one of those things?? I really feel a bit bullied into all of this....:(

Malibusmash

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fed_up_and_stressed

Why do I suspect that neighbour has not got the relevant planning permission in place regards tarmaccing his drive.

He has absolutely no right to remove your fence. The builder will be trespassing on your property and likely causing criminal damage to your fence. You should get in touch with your neighbour ASAP or the builder and inform them you will be calling the police if they trespass onto your land and interfere with your property.

If the builder wants a fence he can build one on his property. Nothing to stop two fences being next to each other.

mlz1413

problem with letters is they are official.

Have a chat and say that you understand he wants the works doing asap but you can't get anything organised that quickly as you have your own time limits with work and family. And without the quote from him you didn't realise it was so urgent.

State that you do not want tarmac on your boarders and that if any spill past the boundary could he please clear it off so that it doesn't have to be disturbed once its set.

Say that he wants a better fence he is welcome to put one up and you will contribute towards the materials but if he wants you to do it then it will take a little longer but as a working man he will understands the pressures of time and that as neighbours you will do your very best to get it done as soon as you are back from holiday.

By chatting to him you can judge his demeanour and responses and hopefully work with him, as you say falling out at this early stage sounds like a receipt for disaster with his brother your other neighbour!

Guest101

Maintaining a boundary does not require a fence.


There is absolutely no requirement for you to have a fence.


However you have chosen to do so. Assuming the fence actually belongs to you (it may not) then the neighbour cannot touch it.

Helvetica_Van_Buren

Tell him the fence is fine as it is and he isn't to remove any of it for any reason.

Politely decline his offer of a quotation for a further a fence.

Can you not see that he's doing this to create work for himself? "I'm going to pull your fence out and then you can pay me to put a new one in".

fairy_lights

Surely as it's your fence he can't take it down without your permission. And if he does take it down and wants a new one putting back up, he would be responsible for paying for it?

HelenRachel

Thank you for your replies

This is it you see I dont think hes actually hearing what I'm saying which is why having it in writing may be better? I'm saying 'yes the fence is old and we will replace when we can and try not to damage when taking the bushed out but I understand that this may happen' and he is hearing 'yes fine take the fence down and we'll sign you a blank check for the new one'.

I think the neighbor (who is the builder but theres a contractor taking the bushes out) ultimately wants a new fence putting up as he feels ours is unsightly. I had no idea that you may need planning to put the tarmac down? its currently paved?

We didnt put the fence up it was already here when we moved in but its our boundary

teneighty

If he has failed to provide the quote for the new fence I would simply tell him not to touch your old fence. It is him who has caused the delay so I do not see why he is bullying you into agreeing to his works.

HelenRachel

OMG I didn't even think about the tarmac going onto the garden.....its going to get trashed isn't it if I dont do something - we're going to be away when they put the tarmac down. I really feel like there is nothing I can do about this!

fairy_lights

I think you need to be firm with him and make it clear that you do not give permission for him to take the fence down, and that if your garden gets damaged by the tarmac you will be holding him liable for the damage.